Search: Affective Justice: Book Symposium: A Response
13 Mar Cheng Book Roundtable: Are There Universal Values? (A Response to Professor Wilde)
...way in which the system is constructed so as to create impediments to [global justice].” My response to this view is stated in the penultimate paragraph of my book: This book begins where it begins, with the politics of theorizing. The account of the international legal system offered here has political consequences if decisionmakers adopt it. It rejects a blanket disapproval of international law and so will not resonate with trenchant exceptionalists or other scholars who radically challenge existing international power structures reflected in the international legal system. It also...10 Jan Israel’s Shifting Defense of Its Attack on the UN School (Updated Again)
books nor is there any reason whatsoever to conclude that they are "one-sided." Such a judgment could only come from someone who has not taken the time to read the books in question. That is to say, don't just read the lists, but read the works that make up the lists. Patrick S. O'Donnell I've left an extended comment/post but it appears to have been eaten (this has happened before and it later appears so perhaps it will this time as well; if it does, it just means I didn't...
15 Apr ICC Prosecutor Symposium: Advice for the Incoming ICC Prosecutor–Engage the U.S. Public Directly
[Beth Van Schaack is the Leah Kaplan Visiting Professor in Human Rights at the Law School and a Visiting Scholar at the Center for International Security & Cooperation at Stanford University. Please don’t miss Patryk I. Labuda’s symposium post at Justice in Conflict.] The relationship between the United States and the ICC has been characterized by change more than continuity. Over the years, and across U.S. presidential administrations, these interactions have vacillated between a wary arms-length posture to constructive support and cooperation to overt hostility (see the ABA’s timeline here)....
18 May Getting Ready for Next Time: The Work of the Independent Panel for Pandemic Preparedness and Response
On 19 January 2021, the Independent Panel for Pandemic Preparedness and Response (the “Panel”) presented to the WHO Executive Board its “Second Progress Report”, which is its first substantive report on its inquiry into the international response to the COVID-19 pandemic. While the Panel’s inquiry is still under way, it has submitted the Second Progress Report as an interim report consistent with its commitment to “work in an open and transparent fashion”. This post provides some observations on the Panel’s findings as well as its working methodology as reflected in...
07 Dec Advancing Human Rights in Pandemic Treaty Debates
...health emergency and pandemic prevention, preparedness and response. Find more information here or here. This is a pivotal moment in the global governance response to future pandemic threats, with crucial global health law reforms being undertaken through the World Health Organization (WHO) to “draft and negotiate a convention, agreement or other international instrument on pandemic preparedness and response.” To be developed by the World Health Assembly of WHO Member States, this so-called “Pandemic Treaty” provides a crucial opportunity to advance human rights in global health governance, responding to human rights...
16 Jun Is an Ineffective State Response to COVID-19 a Violation of Human Rights?
24; see also Poblete Vilches v. Chile). These human rights create a landscape in which States’ accountability for their response to COVID-19 can be adjudged upon. Ineffective State responses to the COVID-19 pandemic might not ostensibly go against international or regional human rights standards. However, when reviewed, violations of human rights become apparent. A common response by States that were ineffective in controlling the pandemic was a delayed response. The failure to act, especially when legally obligated to take measures to control and treat epidemics is a violation of Article...03 Aug Opinio Juris Symposium: Additional Thoughts on the President’s Military Response Power
order a counterattack. What possible reason would there be for such a gap? John D. Professor Ramsey, I will first admit that I have not yet read your book but do plan to add it to my library. I have been reading these posts with great interest. Thanks to opiniojuris for this symposium. On this issue, however, I believe Professor Kent has the better argument. I understand you, Professor Ramsey, to be saying that the president can order any and all military responses, to include attacking on the enemy's soil...17 Jul Questions About the Gacaca Courts in Rwanda
...this sentence. The defendants in No. 4 Category will not be sentenced. If no agreement can be reached on the return of stolen or destroyed goods, the Chair of the cell’s Gacaca jurisdiction will decide on the damages to be paid. The new Gacaca system is based on a participatory justice system and on its reconciliatory virtues. According to the Justice Ministry, the population that was in the hills at the time of the genocide will be “witness, judge and plaintiff.” It is worth noting that PRI’s statement about defendants...
02 Dec When a Preliminary Examination Closes, a New Era Opens: The OTP’s Innovative Support for Transitional Justice in Colombia
...domestic responses to international crimes, influence debates regarding their compliance with the RSt, and protect them from political obstructionism. The interactions between the OTP and Colombian authorities gave the latter latitude to establish “Justice and Peace” Chambers in various District Courts that were empowered to grant alternative penalties, of between five and eight years of imprisonment, to former AUC members who contributed to truth and reparation. Furthermore, the frictions with the ICC lead to a unique conceptualisation of justice – enshrined in the fifth part of the 2016 Peace Agreement...
18 May Symposium on Systemic Racism and Sexism in Legal Academia: Beyond Diversity and Inclusion – How Global Human Rights Standards Might Inform Racial Justice Initiatives in Legal Education
It explains the importance of “comprehensive ‘whole-of-government’ and ‘whole-of-society’ reforms and responses to dismantle systemic racism, elaborated in comprehensive and adequately resourced national and regional action plans.” (A/HRC/47/53, Annex.) Thus, law schools can use a systemic approach, informed by human rights standards, to combat this scourge. Conclusion “Systemic racism needs a systemic response” proclaims the High Commissioner’s report. (A/HRC/47/53 ¶ 19.) International human rights standards offer actionable guidance for confronting racial injustice within law schools — beyond diversity and inclusion initiatives. As detailed above, these standards may inform efforts to...